The common intention of the parties to a contract is to be construed objectively. The objective test to be satisfied is, what would the reasonable layman think he was buying?
Judges:
Sir John Balcombe
Citations:
(1996) 72 P and CR 114
Jurisdiction:
England and Wales
Citing:
Dictum Approved – Spall v Owen 1981
There was a description of a property as ‘the property known as plot number 1’.
Held: Peter Gibson LJ said that such a description cried aloud for evidence of the surrounding circumstances. . .
Cited by:
Cited – Rogers and Another v Freeguard and Another CA 19-Oct-1998
The parties had drawn up and executed an option agreement. When a court considered an option to purchase ‘land known as . .’, it was able to consider extrinsic evidence to establish just what was included where the identification in the deed was . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 25 November 2022; Ref: scu.197728